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CIRCUIT COURT OF
COOK COUNTY, ILLINOIS
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
CHANCERY DIVISION
COUNTY DEPARTMENT, CHANCERY DIVISION
CLERK DOROTHY BROWN
BETTER GOVERNMENT ASSOCIATION,
Plaintiff,
v.
CALUMET PUBLIC SCHOOL
DISTRICT 132,
Defendant.

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COMPLAINT
NOW COMES Plaintiff, BETTER GOVERNMENT ASSOCIATION, by its undersigned
attorneys, LOEVY & LOEVY, and brings this Freedom of Information Act suit against
CALUMET PUBLIC SCHOOL DISTRICT 132 to force the district to comply with FOIA
requests that have been unresolved for months despite numerous efforts of BGA to resolve this
matter short of litigation. In support of its Complaint, BETTER GOVERNMENT
ASSOCIATION alleges:
INTRODUCTION
1.

Pursuant to the fundamental philosophy of the American constitutional form of

government, it is the public policy of the State of Illinois that all persons are entitled to full and
complete information regarding the affairs of government and the official acts and policies of
those who represent them as public officials and public employees consistent with the terms of
the Illinois Freedom of Information Act (“FOIA”). 5 ILCS 140/1.
2.

All public records of a public body are presumed to be open to inspection or

copying. Any public body that asserts that a record is exempt from disclosure has the burden of
proving by clear and convincing evidence that it is exempt. 5 ILCS 140/1.2.

 3.

Each public body shall, promptly, either comply with or deny a request for public

records within five business days after its receipt of the request, unless the time for response is
properly extended. 5 ILCS 140/3(d).
4.

CALUMET PUBLIC SCHOOL DISTRICT 132 has willfully and intentionally

violated FOIA or otherwise acted in bad faith by failing to provide complete information
responsive to various FOIA requests for information related to the compensation of its
superintendent.
PARTIES
5.

Plaintiff BETTER GOVERNMENT ASSOCIATION (“BGA”) is a nonpartisan,

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Illinois non-profit corporation, whose mission is to educate the public about waste,
inefficiencies, and corruption in government by acting as a watchdog agency uncovering and
exposing this type of activity; to promote respect for the law; and to support public officials in
the rightful performance of their duties. BGA was founded in 1923 to protect the integrity of the
political process in Chicago.
6.

Defendant CALUMET PUBLIC SCHOOL DISTRICT 132 (“CAL 132”) is a

public body located in Cook County, Illinois.
CAL 132’S REPEATED DISREGARD FOR ITS FOIA OBLIGATIONS
7.

On October 29, 2014, BGA requested various financial information from CAL

132 pertaining to the salary and benefits of CAL 132’s superintendent, pursuant to FOIA.
8.

After repeated delays and incomplete responses necessitating communications

from BGA, CAL 132 eventually produced some information, but to date has not produced (1)
records sufficient to show “any and all benefits and perks bestowed on Dr. Reynolds including
but not limited to payments to retirement accounts, payments for personal cell phones, laptops,
tablets and vehicles, payments for unused vacation, sick time and other days off, payments for
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 continued education and any other bonuses” or (2) records sufficient to show “any and all
reimbursements, including but not limited to continued education paid to Dr. Reynolds from
Aug. 1, 2012 to today.” (“Perks and Reimbursement Requests”)
9.

On February 13, 2015, BGA requested other financial information regarding CAL

132’s superintendent, pursuant to FOIA.
10.

In response, CAL 132 claimed to have no records responsive to the following:

“(1) The total amount of TRS [teacher’s retirement system] creditable earnings for the
superintendent for the 2013-'14 school year. (2) The total amount of TRS retirement fund
contributions paid for by the school district for the superintendent in the 2013-'14 school year.

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(3) The total amount of TRS health insurance contributions to the Teachers’ Health Insurance
Security Fund paid for by the school district for the superintendent in the 2013-'14 school year.”
(“TRS Requests”).
11.

Upon information and belief, based upon its understanding of how TRS works,

records responsive to the TRS Requests exist and are public records of CAL 132 and are subject
to FOIA.
12.

BGA made multiple efforts over many months to obtain the missing information

without the need for litigation, but CAL 132 has failed to respond in a timely manner or to
resolve the outstanding requests.
COUNT I – VIOLATION OF FOIA – PERKS AND REIMBURSEMENT
REQUESTS
13.

The above paragraphs are incorporated by reference.

14.

CAL 132 is a public body under FOIA.

15.

Upon information and belief, public records of CAL 132 responsive to the Perks

and Reimbursement Requests exist that have not been produced to BGA.
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 16.

CAL 132 has willfully and intentionally violated FOIA by failing to comply in

full with the Perks and Reimbursement Requests.
COUNT II – VIOLATION OF FOIA – TRS REQUEST
17.

The above paragraphs are incorporated by reference.

18.

CAL 132 is a public body under FOIA.

19.

Upon information and belief, public records of CAL 132 responsive to the TRS

Request exist that have not been produced to BGA.
20.

CAL 132 has willfully and intentionally violated FOIA by failing to comply in

full with the TRS Request.

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WHEREFORE, BGA asks that the Court:
i.

in accordance with FOIA Section 11(f), afford this case precedence on the Court’s
docket except as to causes the Court considers to be of greater importance, assign
this case for hearing and trial at the earliest practicable date, and expedite this
case in every way;

ii.

declare that CAL 132 has violated FOIA;

iii.

order CAL 132 to produce the requested records redacting only the material that
is exempt;

iv.

enjoin CAL 132 from withholding non-exempt public records under FOIA;

v.

order CAL 132 to pay civil penalties;

vi.

award BGA reasonable attorneys’ fees and costs;

vii.

award such other relief the Court considers appropriate.

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 RESPECTFULLY SUBMITTED,

____________________________
Attorneys for Plaintiff
BETTER GOVERNMENT ASSOCIATION

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Matthew Topic
LOEVY & LOEVY
312 North May St., Suite 100
Chicago, IL 60607
312-243-5900
matt@loevy.com
Atty. No. 41295
December 17, 2015

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